On 23 January 2018, the Academy of Justice within CTP conducted training on: “Obtaining of evidence and the main trial”. The purpose of this training was to advance the knowledge of judges regarding the main trial and obtaining of evidence, as an important phase of the contested procedure.
During this training judges achieved to enhance their skills on holding of a main trail, identify proving means in the civil procedure, evaluate facts to be proven and those not to be proven in civil procedure, including here also court authorizations about when evidences can be obtained ex officio, apply properly legal provisions related to the time for proposing the administration of evidence and the burden of proofs.
In the training was also concluded that the main trial is the most important phase of the contested procedure. This phase is the central part of the procedure when obtaining of evidence with the purpose of deciding on the merits in a concrete case is provided by the Law on Contested Procedure, which relates to the litigants to prove the facts on which the claim is based. Proving includes all facts that are important for taking a decision, whereas the court decides which evidence should be takin in order to prove the most decisive facts.
The dilemmas that are being followed by the judges in practice are explained in detail by elaborating the procedure that is conducted by the court at the main hearing, taking of evidence or the manner of proving, because in practice there are difficulties regarding how the procedure should be developed and when the court is empowered to take the evidence that the parties have not proposed, if it finds that the parties tend to dispose the requests that are not entitled to.
Combined explanation methods were used in the training, including theoretical explanations and followed by practical examples.
Beneficiaries of this training were the judges of the Basic Courts and Court of Appeal (civil division) as well as professional associates.
23-01-2018